Removing lodger with no form of tenancy

Skiddaw1

I think bribery is probably the easiest option if you can afford it (and can reach mutual agreement).

Annisele

Do you know why the so-called lodger is "being very difficult"?

He might just be digging his heels in for giggles. Or perhaps he's dragging his heels because he's got a job on the other side of the country starting in three weeks' time. But he might not be able to afford to live anywhere else - and he might even have been advised by his local council to stay put until legally evicted.

I think the best practical way to move forward would depend on - if you can discover them - the plans of both your ex and the "lodger".

theartfullodger

Annisele wrote: »

Do you know why the so-called lodger is "being very difficult"?

He might just be digging his heels in for giggles. Or perhaps he's dragging his heels because he's got a job on the other side of the country starting in three weeks' time. But he might not be able to afford to live anywhere else - and he might even have been advised by his local council to stay put until legally evicted.

I think the best practical way to move forward would depend on - if you can discover them - the plans of both your ex and the "lodger".

He's probably viewing this thread, recognised himself and is laughing.

It's a free open to all forum!

A_Lert

You might want to try and avoid it, but legal advice would be wise I'd say. I can see this situation getting messy.


If the landlord moves out permanently, this would normally 'convert' the lodging to a tenancy. But in your situation there may be a question about whether your ex had the authority to in effect grant such a tenancy.



The fact that the lodger hasn't paid rent for three months weakens their position. Do not accept any money from them that could be construed as a rent payment!

CIS

diggingdude wrote: »

How long has tenant been paying council tax, they will argue they have tenancy from that date

They can try but paying council tax doesn't make you the tenant.

G_M

He's either a lodger or tenant. There's a huge difference particulaly in terms of his rights. Please tell us
* exact date he moved in
* basis of the (verbal?) agreement on which he moved in
* any notice period that was discussed /agreed when he moved in
* whether he paid rent weekly, monthly, or what
* amount of rent
* Date landlord moved out
* definition of 'moved out' - has LL removed all his belongings? Redirected the mail or changed his address for banks, employer, DSS, DVLA mortgage lender etc
* basis of any discussion re the arrangement when LL moved out

Assuming he is a lodger, sharing with his resident landlord, 'reasonable notice' can be given (unless a specific period was agreed) after which the lodger can be removed (change locks while he's out, then arrange to hand over possessions).

But if he's a tenant, you can only evict by serving either
* S21 Notice with 2 months expiry date. See 88 questions:
S21 checklist (Is a S21 valid?)

* S8 G8 Notice then apply to court after 2 weeks. This applies provided 2 months arrears exist when the S8 is served and also on the court date (you say currently 3 months arrears).

It seems likely that he was a lodger while your ex lived there, but possibly/probably became a tenant when the ex moved out and he obtained 'exclusive occupation', but answer the Qs above.

If he's a tenant, he could deny you access. Forcing access against his will would be very serious.

However, if you moved in with his consent, and paricularly if your ex only recently left, you might argue you become his live-in landlord and he's a lodger still - however it's legally an unclear position and ultimately only a court could decide.

Mutual agreement to vacate (confirmed in writing), perhaps with some incentive, is the cleanest way forward.

sevenhills

G_M wrote: »

He's either a lodger or tenant.

If the OP treats him as a lodger and telephones the police, tell them you have a lodger that is refusing to leave.
If they treat him as a lodger he will be gone. Do that first thing tomorrow.

NewShadow

sevenhills wrote: »

If the OP treats him as a lodger and telephones the police, tell them you have a lodger that is refusing to leave.
If they treat him as a lodger he will be gone. Do that first thing tomorrow.

I know very little about tenancy law - I know enough to know that this is very bad advice and could end up costing the OP a lot of money in court fees and penalties.

Illegal eviction is a serious matter...

sevenhills

NewShadow wrote: »

I know very little about tenancy law - I know enough to know that this is very bad advice and could end up costing the OP a lot of money in court fees and penalties.

Illegal eviction is a serious matter...

The police would not evict if the law did not permit it.

Carrot007

sevenhills wrote: »

The police would not evict if the law did not permit it.

Unless for instance you lied to them and said someone was a lodger when they were not and believed you. Getting the police to do something it not a get out.